THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO.25130 OF 2025

ORDER:

This Writ Petition is filed seeking the following relief:

“… declaring the action of Respondent no.3 in accepting the enquiry report dt: 02.08.2025 without considering the request of the petitioner for re-enquiry and objection to enquiry report and issuing notice dt: 12.08.2025 observing the petitioner guilty with predetermined major penalty of Termination of service as illegal, arbitrary, unconstitutional and consequently set aside the enquiry report dt: 02.08.2025 and notice dt: 12.08.2025 and direct the Respondent’s to furnish the CCTV footage of the camera infront of the petitioner’s quarter on the day of the alleged incident occurred and conduct re-enquiry by giving fair opportunity to the petitioner to defend the charges leveled against him…..”

2) Heard Ms.P.K. Kalyani, learned counsel for the petitioner, learned Government Pleader for Services-I appearing for respondent No.1, and Sri A.P. Suresh Ram, learned Standing Counsel, appearing for respondents 2 and 3.

3) Learned counsel for the petitioner has submitted that respondent No.2-Society is registered under the Societies Registration Act, 1951, and is fully aided and controlled by the Government. The officials of the State Government are the Board of Governor of the Society. The Principal Secretary to School Education and Director of School and Commissioner of School Education, Vice Chancellors of the Osmania University, JNTU and Principals of the Schools are the members of the Board of Governors, who manage the affairs of the school administration and the entire property of the Society belongs to Government of Telangana. It is further stated that the respondent-Society is established by the Government of Deccan Hyderabad in the year 1951 and was granted with the right to manage and administrate the Hyderabad Public School, Begumpet. Subsequently, another school was established at Uppal called as Hyderabad Public School, Ramanthapur. Each school has an independent entity and controlled by the Board. The school got different categories of posts, which are governed by the Service Rules and Conditions of Hyderabad Public Schools 2002 (in short ‘the HPS Rules’). Thus, it is contended that the respondent School is managed by the Board of Governors under the Chairmanship of the Principal Secretary, School Education, Government of Telangana. Hence, the respondent School is State within the meaning of Article

12 of the Constitution of India and the Writ Petition is maintainable.

3.1) It is further submitted that the petitioner was appointed as Mess Manager on 04.10.2024 and on completion of probation, he was confirmed as Mess Manager and his pay was fixed in the category of C-1 grade. While so, respondent No.3 has issued show cause notice dated 26.06.2025 to the petitioner leveling certain allegations with regard to the incident occurred on the intervening night of 07/08-06-2025. Vide letter dated 27.06.2025 petitioner has requested time to submit his explanation and vide letter dated 28.06.2025 he requested respondent No.3 to furnish the CCTV footage of the camera in front of the quarter of the petitioner. Further, the wife of the petitioner also lodged a complaint at SHO, Uppal, on 14.07.2025. As the respondents failed to respond to the letter of the petitioner dated 28.06.2025, the petitioner has submitted an interim explanation on 23.07.2025 to the show cause notice dated 26.06.2025, stating the facts. Without considering the explanation submitted by the petitioner, respondent No.3 has issued the notice of Domestic Enquiry by appointing Enquiry Officer and Presenting Officer vide notice dated 29.07.2025 and filed a caveat before this Court on the same day stating that petitioner was under the influence of alcohol and fell unconscious during working hours in school premises, which act of respondent No.3 clearly shows the predetermined intention to victimize and harass the petitioner.

Learned counsel ha